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How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to get compensation for medical expenses or lost income, it is possible to bring a lawsuit. However many people are confused about how the process operates.

In this blog post, we'll examine five key litigation milestones every personal injury attorney lawsuit must be able to pass through.

Time to File

Each state has its own statute of limitations that defines the period of time following an accident to file a lawsuit. If you do not file your claim within the window, it will almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the complexity of the case, this might take months.

At this point, a reputable lawyer will issue an agreement demand. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you've been injured by an entity belonging to the government or by a physician who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are unique to each case. Your attorney can explain them in more detail. These cases are typically resolved faster than other cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations begins to run the day the injury. However, there are exceptions to this rule that can effectively pause the clock in certain circumstances. For example, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitations may be extended or injury lawsuit reduced in some cases like when the plaintiff is younger or has a mental disability. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to damages. This could include money to cover the cost of the medical treatment of the victim, lost wages, and the expenses related to an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have applied in the same circumstance which resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave, are simple to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to result in greater general damages awards than small or short-lasting injuries.

Mediation

Although it's not an obligatory element in any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask you questions to find out what you're expecting and the amount you'd like. Then, both parties will discuss their differences with the mediator. Then, you'll be back and forth with counteroffers and offers in order to reach a settlement.

The party who is at fault and the injured victim wants to go to court therefore the goal is to settle in mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most difficult injury compensation cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been in an accident at work or in an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of the courtroom, your attorney could decide that trial is necessary. This will be based on your individual circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present your case to peers before a jury. The jury will determine whether the defendant was negligent and if they were, how much compensation is due to cover your financial losses, injuries and other expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge, or a jury at a bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages could you be awarded.